People ex rel. Sears v. Westervelt
New York Supreme Court
Redemption of land sold on execution. Westervelt, as sheriff of the city county of New-York, by virtue of writs of fieri facias, issued from the common pleas of New-York against the property of Abraham Cocks and Stephen Pine, sold at public vendue all the interest which they had on the 28th February, 1834, in.certain leasehold premises, demised on the 21st March, 1833, for the term of twenty-one years.
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Redemption of land sold on execution. Westervelt, as sheriff of the city county of New-York, by virtue of writs of fieri facias, issued from the common pleas of New-York against the property of Abraham Cocks and Stephen Pine, sold at public vendue all the interest which they had on the 28th February, 1834, in.certain leasehold premises, demised on the 21st March, 1833, for the term of twenty-one years. The relator purchased the premises at the sheriff’s sale forthe sum of §400, and paid the amount of his bid. One Storm appeared after the sale and claimed the right to redeem, under a purchase…
1Opinion of the Court
By the Court,
Cowen, J.
The provisions of the statute (2 JZ. S. 370, et seq.), are, that upon the sale of real estate, the sheriff shall furnish a certificate to the purchaser, stating, among other things, the time when he will be entitled to a conveyance. § 42. Within one year, the real estate so sold may be redeemed by the execution debtor, his devisee or heirs, or grantee. §45, 46, 47. Upon payment by any person so entitled to redeem the real estate so sold, the sale is declared void. § 49. The subsequent sections, in default of such redemption within the year by the debtor, his grantee,…
2Cases cited1 opinion
- Vredenbergh v. MorrisNew York Supreme Court · 1800
3Cited by4 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Steers v. DanielUnited States Circuit Court · 1880
- Ex parte WilsonNew York Supreme Court · 1844